As long as Justice Scalia is referring to people who see the Constitution as a living, breathing document as idiots, I fear that we are heading backward in time. If his view prevails, the Constitutional basis for civil rights laws that protect against discrimination based on gender, age, religion, ethnicity and disability could be in jeopardy.

In addition, the authority of Congress to enact civil rights legislation based on the Commerce Clause was something we could take for granted. As the court moves to the right, and Congressional power is diluted, will our current civil rights legislation survive?

It is time to consider an equal rights amendment that puts these issues to rest, once and for all, by establishing a permanent list of protected classes and reinforcing Congressional authority to enact enabling legislation. Such an amendment would give new support to the Civil Rights Act, the Voting Rights Act, the Age Discrimination in Employment Act, the Fair Housing Act and the Americans with Disabilities Act. The amendment could be used to finally protect the rights of all people against discrimination based on sexual orientation, as well.

Is this a farfetched idea? Maybe. But by the time we know, it will be too late.